Allowed

Hareendran K.K v. Somarajan

Kerala HC1 Jul 2021OP(C)/685/2020

Case brief

AI extract

What is this about?

The High Court set aside impugned orders by the Munsiff Court at Chengannur that dismissed applications in O.S. No. 277 of 2016 during the joint trial of two suits involving property disputes. The Court held that the trial court's dismissal without stating reasons was cryptic and unjustified.

What did the court decide?

Set aside Exhibits P10 to P12 (Orders in I.A.Nos. 1, 2 and 3 of 2020) and directed trial court to pass reasoned orders within one month.

Hareendran K.K Vs Somarajan — Civil Procedure and Limitation | Kerala HC (2021)

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OP(C).685/20

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY, THE 1^ST DAY OF JULY 2021 / 10TH ASHADHA, 1943

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OP(C) NO. 685 OF 2020

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AGAINST THE ORDER/JUDGMENT IN OS 277/2016 OF MUNSIFF

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COURT,CHENGANNUR, ALAPPUZHA

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PETITIONER/S:

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1 HAREENDRAN K.K

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AGED 65 YEARS KANNANKARA MELETHIL VEETTIL, KARAKKADUMURI,MULAKUZHA VILLAGE, CHENGANNUR,ALAPPUZHA DISTRICT-689505.

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2 SHYAMALA,

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AGED 61 YEARS KANNANKAR MELETHIL VEETTIL,KARAKKADU MURI,MULAKUZHA VILLAGE-689505.CHENGANNUR, ALAPPUZHA DISTRICT-689505.

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BY ADVS.

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RINNY STEPHEN CHAMAPARAMPIL

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SMT.ASHA ELIZABETH MATHEW

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RESPONDENT/S:

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1 SOMARAJAN AGED 59 YEARS KOKKUNNIL HOUSE,KARAKKADU MURI, CHENGANNUR,ALAPPUZHA DISTRICT-689505.

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2 MOHANAN PILLAI, AGED 50 YEARS S/O PADMANABHA PILLAI,IKKARAPUTHAN HOUSE,KARAKKADU MURI,MULAKUZHA VILLAGE,CHENGANNUR,ALAPPUZHA DISTRICT-689505.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).685/20

V.G.ARUN, J.

O.P(C).No.685 of 2020

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Dated this the 1^st day of July, 2021

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JUDGMENT

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Petitioners are plaintiffs in O.S.No.277 of 2016 pending on the files of the Munsiff's Court, Chengannur. The prayer in the suit is for a decree of injunction restraining the defendants from trespassing into the plaint schedule items 1 and 2 properties and cutting open a new way through it and committing mischief. As a counterblast to Exhibit P1 suit, the 1^st respondent herein, who is the 1^st defendant in O.S.No.277 of 2016, filed O.S.No.306 of 2016 claiming right of easement by prescription over the plaint schedule properties. Both the suits were listed for joint trial. In the meanwhile the 1^st defendant had died. The petitioners filed applications for impleading the legal heirs of the deceased 1^st defendant along with applications for setting aside the abatement and for condonation of delay of 601 days. By the orders impugned in this original petition, the trial court dismissed the applications by a single line order.

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Even though notice was served on the counsel appearing for the respondents before the trial court, there is no appearance on their behalf.

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OP(C).685/20

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I find substantial force in the contention urged by the learned counsel for the petitioners that absolutely no reason has been stated by the trial court while dismissing the petitions. The cryptic manner in which the orders are passed leaves this Court with no option but to set aside the orders. The requirement of indicating reasons has been judicially recognised as imperative and needs no reiteration.

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The original petition is hence allowed. Exhibits P10 to P12 orders passed by the Munsiff's Court, Chengannur in I.A.Nos.1, 2 and 3 of 2020 in O.S.No.277 of 2016 are set aside. The trial court is directed to pass reasoned orders on I.A.Nos.1, 2 and 3 of 2020 in O.S.No.277 of 2016 within one month of receipt of a copy of this judgment.

Sd/-

V.G.ARUN, JUDGE

vgs

OP(C).685/20

APPENDIX OF OP(C) 685/2020

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PETITIONER ANNEXURE

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EXHIBIT P1	A TRUE COPY OF THE PLAINT IN O.S.277/2016 OF THE MUNSIFF'S COURT,CHENGANNUR.
EXHIBIT P2	A TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM SREEVEDA NURSING HOME,KOZHENCHERY
EXHIBIT P3	A TRUE COPY OF THE PRESCRIPTION DATED 22/08/2019 ISSUED FROM THE CENTURY HOSPITAL,CHENGANNUR
EXHIBIT P4	A TRUE COPY OF THE PRESCRIPTION ISSUED TO THE 1ST PETITIONER FROM DR.REJI'S NEURO CLINIC,THIRUVALLA
EXHIBIT P5	A TRUE COPY OF THE PRESCRIPTION ISSUED TO THE 1ST PETITIONER BY DR.NO.JAYASANKAR OF DISTRICT HOSPITAL.
EXHIBIT P6	A TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM ST.GREGORIOUS MEDICAL MISSION HOSPITAL,PARUMALA
EXHIBIT P7	A TRUE COPY OF I.A.NO.1/2020 IN O.S.NO.277/2016
EXHIBIT P8	A TRUE COPY OF I.A.NO.1/2020 IN O.S.NO.277/2016 A
EXHIBIT P9	A TRUE COPY OF I.A.NO.2/2020 IN O.S.NO.277/2016 A
EXHIBIT P10	A TRUE COPY OF THE ORDER DATED 04/03/2020 IN I.A.NO.1/2020 IN O.S.NO.277/2016
EXHIBIT P11	A TRUE COPY OF THE ORDER DATED 04/03/2020 IN I.A.NO.2/2020 IN O.S.NO.277/2016
EXHIBIT P12	A TRUE COPY OF THE ORDER DATED 04/03/2020 IN I.A.NO.3/2020 IN O.S.NO.2877/2016.

Hareendran K.K v. Somarajan

Case brief

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Hareendran K.K v. Somarajan

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